Possession of a Prohibited Weapon

The Second Amendment of the United State Constitution and Article I Section 23 of the Texas Constitution contain our rights with regard to the right to bear arms. This inalienable right to possess and own firearms in Texas is held in high regard. Many laws have been passed to advance this right, but many laws have been passed to restrict your right to possess or own a firearm.

Possession of a prohibited weapon, in Texas is found in Chapter 46 in the Texas Penal Code. It is important to know the law with regard to the types of guns and firearms that are considered prohibited especially in Texas. Texans often take this right for granted and can potentially be faced with serious fines or even imprisonment for a violation of this law.

Were you arrested for any kind of alleged weapons crime in the greater DFW area? Do not say anything to authorities without legal representation Contact Townsend, Gebhardt & Eppes, PLLC as soon as possible.

Andrea Townsend, Steve Gebhardt, and Brian Eppes are criminal defense lawyers in Fort Worth who represent clients charged with weapons charges in such communities in Tarrant County, Parker County, and Johnson County including Fort Worth, Weatherford, Arlington, Cleburne, and many others. Call 817-502-3600 today to receive a free initial consultation that will allow out attorneys to provide an honest and thorough evaluation of your case.

Overview of Prohibited Weapon Crimes in Tarrant County

What is a Prohibited Weapon under Texas law?

What are the consequences for possessing a Prohibited Weapon in Texas?

Possession of a Prohibited Weapon in Texas

A) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

1) Any of the following items, unless the item is registered in the National Firearms registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms, and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice:

A) An explosive weapon, which includes any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon;

B) A machine gun, which includes any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger; or

C) A short-barrel firearm, which includes a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches:

2) Knuckles, which means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles;

3) Armor-piercing ammunition means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers;

4) A chemical dispensing device means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological effect on a human being;

5) A zip gun means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance;

6) A tire deflation device means a device including a spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle’s tires; or

7) A firearm silencer, unless the firearm silencer is classified as a curio or relic by the United States Department of Justice or the actor otherwise possesses, manufactures, transports, repairs, or sells the firearm silencer in compliance with federal law.

What are the consequences for possessing a prohibited weapon in Texas?

The penalties for an offense under Texas Penal Code Section 46.05 is a third degree felony. The possible penalty for a third degree felony is up to a $10,000 fine and up to 10 years in prison. If the alleged weapon possessed are knuckles as defined above the offense would be charged as a class A misdemeanor. If charged with possessing knuckles a person is facing up to a $4,000 fine and up to one (1) year in the County Jail.

The above penalties apply to an individual even if they are unaware that the weapon they are possessing is considered a prohibited weapon. In other words, you do not have to know you are possessing a prohibited weapon. If you are intentionally or knowingly possessing a prohibited weapon you can be prosecuted by the State of Texas despite your knowledge of the law under this Penal Code Section.

Texas Resources for Firearms and Weapon Offenses

National Rifle Association (NRA) – The NRA is a nonprofit organization that advocates for individual’s rights to carry and own firearms. The NRA was founded in 1871 and has been an active political force in Texas and across the United States in strengthening one’s rights to own a firearm. The NRA plays an active role in education and training for those interested in possessing or owning a firearm.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) — The ATF is a law enforcement agency under the umbrella of the United States Department of Justice. The goal of the organization is to be a watchdog against criminal organizations, the illegal trafficking and use of firearms, explosives and terrorism. The agency does provide training and research in the area of firearms and explosives. The ATF also investigates and targets those involved in the traffic of illicit alcohol and contraband tobacco trade.

If you were arrested in the DFW area for any kind of alleged firearms or weapons crime, it will be in your best interest to immediately retain legal counsel. Townsend, Gebhardt, and Eppes PLLC, can fight to possibly get your criminal charges reduced or dismissed.

Fort Worth criminal defense attorneys Andrea Townsend, Steve Gebhardt and Brian Eppes aggressively defend individuals in Cleburne, Fort Worth, Weatherford, Arlington, and several other surrounding areas of Tarrant County, Parker County, and Johnson County. They can review your case and help you understand all of your legal options when you call 817-502-3600 or complete an online form to schedule a free, confidential consultation.

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.